Special conditions for the implementation of certain types of entrepreneurial activity. On the notification procedure for the commencement of certain types of entrepreneurial activity. Notification procedure for the start of entrepreneurial activity
One of the achievements of the state policy in the field of reducing administrative pressure on business is the introduction by the Federal Law of December 26, 2008 No. 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control" of the legal institution "Notification procedure for starting implementation of certain types entrepreneurial activity».
- What does the introduction of this institution mean for entrepreneurs?
- First of all, this is the facilitation of starting a business activity due to a decrease in the number of documents that need to be filled out.
Secondly, it is a kind of protection against possible manifestations of corruption. After all, now there is no need to coordinate the start of business with a huge number of individual government agencies and services.
- Who does the notification procedure apply to?
- The notification procedure for the commencement of certain types of entrepreneurial activity applies to legal entities and individual entrepreneurs who have started their business since July 2009, that is, from the date of entry into force of Article 8 Federal law dated 26.12.2008 No. 294-FZ.
- Who can use this government service?
- The notification is submitted by a legal entity or individual entrepreneur intending to perform work (provide services) in accordance with the list of works and services as part of certain types of entrepreneurial activity.
The list of works and services falling under the notification procedure includes more than 40 types of activities, from services Catering and retail trade before the production of personal protective equipment (Appendix 1 to the Government decree Russian Federation dated 16.07.2009 No. 584 (as amended on 09.12.2017) "On the notification procedure for the commencement of certain types of entrepreneurial activity").
The powers of Rospotrebnadzor include 66 types of work and services in 28 types of activities.
If the business includes several items on the list at once, all of them will need to be indicated.
- When do you need to submit the notification?
- Legal entities and individual entrepreneurs are required to submit a notification after their state registration and registration in tax authority, but before the start of the actual performance of work or the provision of services.
- How and where can you submit a notification?
- Notifications can be submitted:
In the Office of Rospotrebnadzor for Khabarovsk Territory at the address: 680009, Khabarovsk, st. Karl Marx, 109B;
Send by mail with a list of attachments and return receipt requested to the specified address;
Through the branches of the MFC in the administrative territories of the region;
In the form of an electronic document signed by a certified electronic signature (Law of 06.04.2011 No. 63-FZ "On Electronic Signature") using the Single Portal public services.
- Are there any rules for submitting notifications?
- The notification is submitted in 2 copies, completed in Russian, without errors and corrections. When submitting through the MFC, 1 copy is sufficient.
The notification form can be found on the official website of the Office of Rospotrebnadzor in the Khabarovsk Territory in the section "Notifications of the start of entrepreneurial activity", as well as in the SPS "ConsultantPlus".
On the website of the Office, the applicant can fill out and send for verification of the correctness of filling out the notification template in in electronic format.
- How much will you have to pay?
- There is no charge for registering notifications, making entries in the register and submitting information contained in the register.
- How can you find out whether you have accepted the notification or not?
- On the day the notification is received, it is registered and both copies of the notification are stamped with the date of receipt and the registration number.
One copy of the notification remains with the authorized body, and the second is delivered (sent) to the applicant on the day of registration.
If a notification is submitted in the form of an electronic document, on the day of its registration, the applicant is sent confirmation of receipt of the notification in the form of an electronic document signed with an enhanced qualified electronic signature of the authorized body.
The Rospotrebnadzor Administration for the Khabarovsk Territory maintains a register of registered notifications. The information contained in the register is open and publicly available and is posted on the official website of the Office in the section "Notifications on the start of business".
- What if my business has moved or closed?
- Legal entities and individual entrepreneurs are obliged to additionally inform in writing or in the form of an electronic document (application in any form) no later than within 10 working days from the date of making the corresponding entries in the Unified State Register of Legal Entities or USRIP to the Office of the information:
On changing the location of the legal entity and (or) the place of actual implementation of activities;
On changing the place of residence of the individual entrepreneur and (or) the place of actual implementation of activities;
On the reorganization of the legal entity.
- And if we decide to open a business in another city, will we have to go there to submit a new notification?
- From January 1, 2018 entered into force new order provision of public services in accordance with the extraterritorial principle.
From now on, an application for the provision of a public service and the results of its provision can be obtained in any subdivision of the relevant federal executive body, a state non-budgetary fund body or a multifunctional center within the Russian Federation at the choice of the applicant. In this case, the place of residence or place of stay for an individual entrepreneur or location for legal entities does not matter.
This fully applies to the service of receiving and recording notifications about the start of certain types of entrepreneurial activities carried out by the bodies of Rospotrebnadzor.
- What will happen if I do not submit a notification or notify about the changes that have occurred?
- For this, administrative liability is provided for under Art. 19.7 of the Administrative Code of the Russian Federation in the form of a warning or a fine of up to 5,000 rubles.
ROSPOTREBNADZOR DEPARTMENT FOR KHABAROVSK KRAI
Additional information on the website http://27.rospotrebnadzor.ru in the section "Lines of activity. Notifications on the start of entrepreneurial activity "and the block" Information for entrepreneurs on registration of notifications "
Publication source: information monthly "Right Decision" issue No. 04 (186) released on 04/19/2018.
The article was posted on the basis of an agreement of 10/20/2016 concluded with the founder and publisher of the information monthly "Vernoe Decision" LLC "Firm" NET-DV ".
Resolution of the Government of the Russian Federation of July 16, 2009 N 584
"On the notification procedure for the commencement of certain types of entrepreneurial activity"
With changes and additions from:
April 14, October 23, 2010, December 26, 2011, September 4, 2012, January 25, February 16, June 20, 21, August 12, 2013, December 17, 2014, March 29, 2016, March 4, September 23, December 9, 2017, June 29, August 29, November 12, 2018
6. The notification is drawn up by the applicant in the form in accordance with Appendix No. 2 and submitted to the state control (supervision) body authorized in the relevant field of activity (hereinafter - the authorized body) or Multifunctional Center provision of government and municipal services(hereinafter referred to as the multifunctional center) in the presence of an agreement on interaction between the authorized body and the multifunctional center before the start of the actual performance of work (provision of services).
II. Procedure for submitting notifications
7. The applicant submits a notification in 2 copies to the authorized body directly or sends it by registered by post with a list of attachments with acknowledgment of receipt or in the form of an electronic document signed by the reinforced applicant.
Directly to the multifunctional center, the applicant submits a notification in one copy on paper.
If a notification is submitted directly to the authorized body, the day of its submission is the day of registration of the notification with the authorized body. When a notice is sent by mail, the day of its submission shall be considered the day of sending the postal item. When sending a notification in the form of an electronic document, the day of its submission is the day of registration of this document in the electronic document management system of the authorized body.
When a notification is submitted directly to a multifunctional center, the day of its submission is the day of registration of the notification in the multifunctional center.
9. The official of the authorized body responsible for recording the received notifications, on the day of receipt of the notification, registers it and puts a mark on both copies of the notification indicating the date of its receipt and registration number.
One copy of the notification remains with the authorized body, and the second is delivered (sent) to the applicant on the day of registration.
In the case of submitting a notification in the form of an electronic document, the official of the authorized body responsible for recording the received notifications, on the day of its registration, must send the applicant confirmation of receipt of the notification in the form of an electronic document signed with an enhanced qualified electronic signature of the authorized body.
In the event that a notification is submitted to a multifunctional center, an official of the multifunctional center generates an electronic image of the notification, which it sends to the authorized body in electronic form using an enhanced qualified electronic signature, puts a mark of acceptance on the notification and returns it to the applicant.
Services for the provision of places for temporary and short-term residence and other places for temporary residence
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II. Providing personal services |
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Services for tailoring footwear according to the individual order of the population; |
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Services for the manufacture of other knitted and crocheted products not included in other groups according to the individual order of the population; |
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Services for the repair and maintenance of household radio electronic equipment, household machines and household appliances, repair and manufacture of metal products |
25.50.11.110, 25.61.11.112, 25.61.11.140, 25.62.20, 25.99.99, 32.12.99, 32.13.99, 33.12.17, 33.19.10, 43.21.10, 43.22.12.140, 95.11.10, 95.12.10, 95.21.10, 95.22.10, 95.25.11, 95.25.12, 95.29.12 |
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Furniture manufacturing and repair |
31.02.99, 31.09.99, 95.24.10.110, 95.24.10.193, 95.24.10.194 |
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Dry cleaning services (including cleaning services for fur products); dyeing and color intensification services; other textile cleaning services |
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Maintenance and repair services Vehicle, machinery and equipment |
33.15.10, 45.20.11.100, 45.20.11.200, 45.20.12 - 45.20.14, 45.20.21.100, 45.20.21.200, 45.20.21.519, 45.20.22 - 45.20.30, 45.40.50 |
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Photography services |
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Services in the field of physical culture and recreation |
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Other hairdressing and beauty services |
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IV. Retail trade (with the exception of retail trade in goods, the free circulation of which is limited in accordance with federal laws) |
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Retail sale in non-specialized stores |
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Retail trade in food products in specialized stores |
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Retail trade in cosmetics |
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Retail trade in non-stationary trade facilities and markets |
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XXIII. Production of personal protective equipment |
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Workwear production |
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Production of protective gloves, fabric mittens for workers |
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Manufacture of clothes made of felt, nonwovens, textile materials |
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Manufacture of garments |
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Production of headgear and other protective equipment |
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XXVI. Production building materials and products |
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Manufacture of wooden building structures and joinery; |
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Manufacture of plastic products used in construction |
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Production of paving blocks, glass blocks, slabs and other products from pressed or molded glass used in construction; production of glass for stained-glass windows; - manufacture of multi-cell glass or foam glass in blocks, plates and similar forms |
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Manufacture of ceramic tiles and tiles |
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Brick and tile production |
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Cement, lime and gypsum production |
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Manufacture of concrete products, cement and plaster |
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Manufacture of abrasive and non-metallic mineral products, |
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Production of building metal structures and products |
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XLI. Operation of explosion and fire hazardous and chemically hazardous production facilities of IV hazard class |
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Obtaining (formation) of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances posing a danger to environment, on dangerous production facilities IV hazard class |
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The use of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances posing a threat to the environment at hazardous production facilities of IV hazard class |
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Processing of flammable, oxidizing, combustible, explosive, toxic, highly toxic substances and substances posing a danger | ||
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XLII. Carrying out activities in the field of circulation of medical devices (with the exception of clinical trials of medical devices, their production, installation, adjustment, use, operation, including maintenance and repair) |
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Technical tests, toxicological studies, manufacturing, import to the territory of the Russian Federation, export from the territory of the Russian Federation, storage, transportation, sale, disposal, destruction |
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XLIV. Installation, dismantling, operation, including maintenance and repair of elevators, lifting platforms for disabled people, passenger conveyors (moving walkways), escalators, with the exception of escalators in subways "On industrial safety of hazardous production facilities". ________________________________ V _______________________________________________________________________ (the name of the state control (supervision) body authorized in the relevant field of activity (its territorial body), to which the notification is submitted, is indicated) NOTIFICATION from "_______" ___________ 20___ (indicate the full and abbreviated, including the corporate (if any), name, organizational and legal form of a legal entity, last name, first name, patronymic of an individual entrepreneur, taxpayer identification number (TIN), main state registration number of a legal entity or main state registration number records of state registration of an individual entrepreneur (OGRN) _________________________________________________________________________ _________________________________________________________________________ (indicated postal addresses location of a legal entity, including its branches and representative offices, places of actual implementation of the declared type (types) of activity, places of actual implementation of the declared type (types) of activities of an individual entrepreneur) in accordance with Article 8 of the Federal Law "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control" notifies of the start of the following type (s) of entrepreneurial activity: _________________________________________________________________________ (the type (types) of activity and the work (services) performed within it are indicated _________________________________________________________________________ the list of works and services as part of certain types of entrepreneurial activity, about _________________________________________________________________________ the beginning of the implementation of which by a legal entity or individual _________________________________________________________________________ the entrepreneur provides a notification) from "_____" __________ 20____ and confirms the compliance of territories, buildings, premises, structures, equipment, other similar objects, vehicles intended for use in the process of carrying out the declared activity, personnel, and other conditions for carrying out business activities with mandatory requirements. Presentation rules established legal entities and individual entrepreneurs notifications about the beginning of certain types of entrepreneurial activity. The procedure for accounting for these notifications has been determined. A list of works and services has been approved as part of certain types of entrepreneurial activity, the commencement of which must be notified. It includes hotel and household services, catering services, retail and wholesale trade, the production of textiles, clothing, leather and leather goods, wood processing and the production of wood products (excluding furniture). Notification is also given at the start of publishing and printing activities, activities related to the use of computers and information technologies, transportation services by road. Notification of the commencement of transportation activities is submitted to Rostransnadzor or its territorial body. Notification of the beginning of the implementation of other types of activities is submitted to Rospotrebnadzor (its territorial body) or to FMBA (its territorial body), if the activity is supposed to be carried out in the territory served by this agency. The notification form is given. It must be submitted to the authorized body before the start of the actual performance of work (provision of services). The body that registered the notification must be notified of a change in the place of business, location (place of residence - for entrepreneurs) and on the reorganization of a legal entity. The authorized body keeps track of notifications by keeping their register. It includes the following information: the name of the legal entity or the full name of the entrepreneur, place of business, TIN, type of activity reported in the notification, etc. This information is open and publicly available. They are posted on the official websites of the authorized bodies. Resolution of the Government of the Russian Federation of July 16, 2009 N 584 "On the notification procedure for the commencement of certain types of entrepreneurial activity" This resolution comes into force 7 days after the day of its official publication. This document is amended by the following documents: The Government of the Russian Federation of December 17, 2014 N 1385 enter into force The Government of the Russian Federation of October 23, 2010 N 854 The changes come into effect on January 1, 2011. Resolution of the Government of the Russian Federation of April 14, 2010 N 245 |
One of the achievements of the state policy in the field of reducing administrative pressure on business is the introduction by the Federal Law of December 26, 2008 No. 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control" implementation of certain types of entrepreneurial activity ".
What does the introduction of this institution mean for entrepreneurs?
Firstly, it facilitates the start of entrepreneurial activity due to the decrease in the number of documents that previously had to be obtained.
Secondly, the notification procedure has become a kind of protection for business from possible manifestations of corruption. After all, now there is no need to coordinate the start of business with a huge number of individual government agencies and services.
Who does the notification procedure apply to?
The notification procedure for starting certain types of entrepreneurial activity applies to legal entities and individual entrepreneurs who started their business in July 2009, that is, from the date of entry into force of Article 8 of Federal Law No. 294-FZ dated 26.12.2008.
Who can use this government service?
The notification is submitted by a legal entity or an individual entrepreneur intending to perform work (provide services) in accordance with the list of works and services as part of certain types of entrepreneurial activity.
The list of works and services covered by the notification procedure is quite extensive: it includes more than 40 types of activities, from catering and retail services to the production of personal protective equipment.
A complete list can be found in Appendix 1 to the Decree of the Government of the Russian Federation of July 16, 2009 N 584 "On the notification procedure for the commencement of certain types of entrepreneurial activity."
The powers of Rospotrebnadzor for registration of notifications currently include 66 types of work and services in 28 types of activities.
When do I need to submit a notification?
It should be noted that filing a notice is obligation for legal entities and individual entrepreneurs... The notification must be submitted after state registration and registration with the tax authority, but before the start of the actual performance of work or the provision of services.
How and where can you submit a notification?
Notification can be submitted:
· Directly at the Office of Rospotrebnadzor in the Volgograd region at the address: Volgograd, prospect im. IN AND. Lenin, 50B, office. 302;
· By registered mail with a list of attachments with acknowledgment of receipt 400005, Volgograd, prospect im. IN AND. Lenin, 50B;
· In the form of an electronic document signed by the applicant's electronic signature, which requires a certified electronic signature in accordance with the law dated 06.04.2011 No. 63-FZ "On electronic signature". In practice, an electronic notification can be submitted using the Unified Portal of Public Services.
· Through a multifunctional center for the provision of state and municipal services;
In the form of an electronic document, signed by the electronic signature of the applicant ();
· using a single portal public services (www.gosuslugi.ru).
Are there any rules for filing notifications?
The notification of the established form is submitted in 2 copies to the authorized body. Directly to the multifunctional center, the applicant submits a notification in one copy on paper.
The notification form can be found on the official website of the Rospotrebnadzor Administration for the Volgograd Region, the "Notifications" banner, as well as in information retrieval systems (Consultant Plus, Garant).
You can check the correctness of filling out the notification template for the start of certain types of entrepreneurial activity in electronic form at http://egov.rospotrebnadzor.ru/.
Is there a filing fee uve Do you think about starting a business?
There is no charge for registering notifications, making entries in the register and submitting information contained in the register.
And how do you know if you have accepted my notification or not?
On the day the notification is received, it is registered and both copies of the notification are marked with the date of receipt and the registration number.
One copy of the notification remains with the authorized body, and the second is delivered (sent) to the applicant on the day of registration.
If a notification is submitted in the form of an electronic document, on the day of its registration, the applicant is sent confirmation of receipt of the notification in the form of an electronic document signed with an enhanced qualified electronic signature of the authorized body.
The register of notifications about the start of certain types of entrepreneurial activity registered with the territorial bodies of Rospotrebnadzor has open access and is posted on the official website of the Federal Service for Supervision of Supervision of Consumer Rights Protection and Human Welfare at http://notice.crc.ru/
The register provides a search function for the addresses of legal entities; organizations engaged in entrepreneurial activity; types of entrepreneurial activity; the date of registration of the notification, to the constituent entities of the Russian Federation in which the notification was registered; the notification number.
Is the notification only given once? What if my business has moved or closed?
Legal entities and individual entrepreneurs are obliged to additionally inform in writing or in the form of an electronic document (application in any form) no later than 10 working days from the date of making the relevant entries in the Unified State Register of Legal Entities or EGRIL to the Office of the information:
a) on changing the location of the legal entity and (or) the place of actual implementation of activities;
b) on changing the place of residence of an individual entrepreneur and (or) the place of actual implementation of activities;
c) reorganization of a legal entity.
And if we decide to open a business in another city, will we have to go there to submit a new notification?
On January 1, 2018, a new procedure for the provision of public services in accordance with the extraterritorial principle came into force.
Today, you can apply for the provision of a public service and receive the results of its provision in any subdivision of the relevant federal executive body, a state non-budgetary fund body or a multifunctional center within the Russian Federation at the choice of the applicant. In this case, the place of residence or place of stay for individual entrepreneurs or the location for legal entities does not matter.
This fully applies to the service of receiving and recording notifications about the start of certain types of entrepreneurial activities carried out by the bodies of Rospotrebnadzor.
What happens if I do not submit a notification or notify about the changes that have occurred?
In accordance with article 19.7.5-1 of the Code of Administrative Offenses of the Russian Federation, liability of legal entities and individual entrepreneurs is established for failure to submit a notice of the start of entrepreneurial activity if the submission of such a notice is mandatory, as well as for submission of a notice of the start of entrepreneurial activity containing false information.
Failure by a legal entity or individual entrepreneur to submit a notice of the start of entrepreneurial activity (except for the cases provided for in parts 1 and 2 of Article 14.1.2 of this Code), if the submission of such a notice is mandatory, shall entail the imposition of an administrative fine on officials in the amount of three thousand to five thousand rubles; for legal entities - from ten thousand to twenty thousand rubles.
Submission by a legal entity or individual entrepreneur of a notice of the start of entrepreneurial activity containing inaccurate information, if the submission of such a notice is mandatory, entails the imposition of an administrative fine on officials in the amount of five thousand to ten thousand rubles; for legal entities - from twenty thousand to thirty thousand rubles.
Consideration of cases of administrative offenses provided for by Article 19.7.5-1 of the Code of Administrative Offenses of the Russian Federation is within the competence of the court.
In case of full or partial copying of information material, a link to the website of the Rospotrebnadzor Administration for the Volgograd Region is required:
Notification procedure for starting business activities
Federal Law No. 294-FZ of December 26, 2008 "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control" spheres (for example, hotel, consumer services, catering services, trade, transportation of passengers and luggage, cargo, production).
Legal entities and individual entrepreneurs are obliged to notify the authorized authority (Rospotrebnadzor, FMBA of Russia or Rostransnadzor) about the start of such entrepreneurial activity after state registration and registration with the tax authority before the actual start of work or the provision of services.
REGISTRATION
LIMITED LIABILITY COMPANY
Step 1: Prepare documents
Before preparing documents for registration of an LLC, the founder (s) must decide on the following points:
- name (name of LLC);
- legal address (LLC registration address);
- the size of the authorized capital (minimum RUB 10,000);
- distribution of shares between the participants (if there are several of them);
- head (general director);
- the types of activities that are planned to be engaged ( OKVED codes);
- taxation system.
1. Minutes of the constituent meeting of the LLC. If there is only one founder, then, accordingly, the decision to establish an LLC. The protocol or decision is printed in 3 copies, one to the tax authority, the rest will be needed in the future. Double-sided printing of documents submitted to the registration authority is prohibited.
2. If there are several founders, we prepare an agreement on the establishment of an LLC, but it is not necessary to submit it to the tax office. The number of copies depends on the number of founders - one for each.
3. Filling out the application form for state registration of a legal entity upon creation - form P11001 in Excel format (printed in one copy).
4. Preparation of the charter of the LLC (printed in two copies, both are submitted to the tax office, one of them with the tax seal is received after registration).
The charter, minutes and sheets of the completed application are fastened with simple paper clips. At the moment, it is not necessary to stitch documents when applying for state registration (Letter of the Federal Tax Service dated September 25, 2013 N CA-3-14 / [email protected]). It is not necessary to certify the signatures of the founders of an LLC with a notary when personally submitting documents for the initial registration of an LLC, but the presence of all founders is required, both upon delivery and upon receipt (Federal Law No. 129-FZ, Chapter III, Article 9, item 1.2, second paragraph).
Step 2: Payment of state duty
In the formation of a receipt for payment of the state duty, the service of the Federal Tax Service for the payment of the state duty will help you, we print and pay ( 4000 RUR) no commission at any bank. Payment is made by any of the founders. We reinforce the paid receipt to the top edge of the first sheet of the P11001 application. This service also allows you to use the non-cash electronic payment service. Since March 11, 2014 the Order of the Ministry of Finance of Russia of December 26, 2013 N 139n entered into force, from which it follows that failure to provide a document on payment of the state fee is not a reason for refusing to register; the tax authority can request it in information system on state and municipal payments independently. Thus, you can exclude a trip to the bank by paying the state fee by electronic cashless payment.
Step 3: State registration
To register an LLC you will need:
- passport details of the founders and the head;
- TIN of the founders and the head (if any);
- a copy of the certificate of ownership of the premises and a letter of guarantee from the owner of the premises (if the premises do not belong to you), or the consent of the owner of the premises (when registering to your home address).
Documents for registration of an LLC must be submitted to the tax office:
Notification procedure for the commencement of certain types of entrepreneurial activity
Application for state registration of a legal entity when created on the P11001 form;
2. Protocol (decision) on the establishment of LLC;
3. Charter of LLC (in duplicate);
4. Document confirming payment of the state duty for registration of a legal entity (receipt);
5. A copy of the certificate of ownership of the premises;
6. Letter of guarantee from the owner of the premises (if the premises do not belong).
7. If necessary, the Application for the transition to the simplified taxation system in the form 26.2-1 can also be submitted simultaneously with the documents for registration of the LLC.
The originals or copies of the TIN of the participants and the head are not required when submitting documents for registration of an LLC. However, if there is a TIN, its indication in the application is mandatory.
All founders go to the tax office, taking their passports with them, and submit a package of documents to the registering inspector. The presence of the head ( general director), if he is not a founder, is not required. Each founder, on his Sheet H of the application, fills in the full name field by hand with a black ink pen. and signs the applicant in the presence of the tax inspector.
After 3 working days, all founders go with passports and a receipt to the tax office and receive a package of the following documents:
✔ certificate of state registration of a legal entity;
✔ certificate of registration with the tax authority;
✔ single record sheet state register legal entities;
✔ one copy of the charter with the tax seal.
Attention! An extract from the Unified State Register of Legal Entities was excluded from the list of documents issued during registration from March 11, 2014 by Order of the Ministry of Finance of Russia dated December 26, 2013 N 139n.
Possible additional costs for opening an LLC:
- services of lawyers for the preparation of documents - from 5000 to 8000 rubles.
- notarization of the application in the form of Р11001 - from 1000 to 1500 rubles.
- notarized power of attorney for a representative - from 1000 to 1500 rubles.
AFTER LLC registration:
- filing an application for the transition to the taxation system of the simplified taxation system, if necessary (it is possible at the same time as registration);
- obtaining statistics codes for LLC;
- ordering a seal for LLC (since 2015 it is optional);
- opening a bank account for an LLC;
- receiving required licenses(if the activity requires it);
- installation and registration of a cash register for LLC (if necessary).
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types of economic activities (codes according to OKVED2 OK 029-2014) carried out by economic entities, the involvement of which (entities) is possible within the framework of transfer to the non-state sector
10.85 "Production of ready-made food products and dishes ";
10.86 "Production of baby food and dietetic foods";
10.89 "Manufacture of other food products, not included in other groups";
49.39 "Activities of other land passenger transport not included in other groups ";
49.41 "Activities of road freight transport";
49.42 "Provision of transportation services";
52.10 "Warehousing and storage activities";
56.10 "Activities of restaurants and food delivery services";
56.29 "Activities of catering establishments for other types of catering";
56.30 "Serving drinks";
77.11 "Rent and leasing of cars and light vehicles";
77.12 "Rent and leasing of freight vehicles";
80.10 "Activities of private security services";
80.20 "Activities of security systems";
81.10 "Activities for the complex maintenance of premises";
81.21 "Activities for general cleaning of buildings";
81.22 "Other activities for cleaning and cleaning residential buildings and non-residential premises";
81.29 "Other cleaning and cleaning activities";
81.30 "Landscape improvement activities";
88.10 "Providing social services without providing accommodation for the elderly and disabled ”;
88.91 “Provision of day care services for children”;
88.99 "Provision of other social services without provision of accommodation, not included in other groups";
96.01 "Washing and dry cleaning of textiles and fur products."
Notification of the beginning of certain types of entrepreneurial activity
Federal Law of December 26, 2008 No. 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control" stipulates that legal entities, individual entrepreneurs are obliged to notify the authorized The government of the Russian Federation is a federal executive body in the relevant area. Thus, for engaging in some types of entrepreneurial activity, it is provided notification mode (Unlike permissive licensed mode). At the same time, the notification regime, similar to the licensing regime, refers to the special regime of entrepreneurship.
Notification of the start of entrepreneurial activity(hereinafter - notification) - a document that is submitted by a legal entity, an individual entrepreneur registered in the manner prescribed by the legislation of the Russian Federation, to the federal executive body authorized by the Government of the Russian Federation in the relevant field and through which such a legal entity, such an individual entrepreneur informs about the start of certain types of entrepreneurial activity and its compliance with the mandatory requirements.
List of types of entrepreneurial activities, falling under the notification regime, provided for by Art. 8 of the Law on State Control. These include, in particular, the provision of hotel services, provision of personal services, provision of public catering services by catering organizations; publishing and printing activities, etc.
List of works and services as part of the types of entrepreneurial activities specified in the Law on State Control (indicating the code for All-Russian classifier) approved by the Decree of the Government of the Russian Federation of July 16, 2009 No. 584. For example, the composition of such an activity as the provision of personal services includes following services: repair, painting and sewing shoes; repair and sewing of garments, fur and leather products, hats and textile haberdashery, repair, sewing and knitting of knitwear; dry cleaning and dyeing, laundry services; services of a photo studio and photo and film laboratories; bath and shower services; hairdressing services, etc.
It should be noted that the Law on State Control establishes a ban on the presentation of requirements for legal entities, individual entrepreneurs to obtain permits, opinions and other documents for starting entrepreneurial activities in relation to works and services as part of the types of activities that are subject to the notification regime.
Federal executive bodies authorized to receive notifications are determined by the Decree of the Government of the Russian Federation of July 16, 2009 No. 584. These bodies include federal Service on supervision in the field of consumer rights protection and human well-being, the Federal Service for Supervision in the Field of Transport, etc.
V notification indicates that a legal entity, an individual entrepreneur complies with mandatory requirements, as well as the compliance of their employees with their entrepreneurial activities and intended for use in the process of their entrepreneurial activities of territories, buildings, structures, structures, premises, equipment, similar objects, vehicles with mandatory requirements and requirements established by municipal legal acts.
The notification is drawn up by the applicant in the prescribed form, submitted by a legal entity, an individual entrepreneur at the place of the proposed actual implementation of work (provision of services) to the appropriate authorized body after state registration and registration with the tax authority before the start of the actual performance of work or the provision of services .
The applicant submits a notification to the authorized body directly or through a multifunctional center for the provision of state and municipal services.
Notification procedure for starting activities
The notification can be submitted in the form of an electronic document.
A legal entity, an individual entrepreneur are obliged to provide information on the change in the location of the legal entity and (or) the place of actual implementation of activities; about changing the place of residence of an individual entrepreneur; on the reorganization of a legal entity.
The rules for the submission and recording of notifications (hereinafter referred to as the Rules), the notification form are enshrined in the decree of the Government of the Russian Federation of July 16, 2009 No. 584. Recognizing the refusal of Rospotrebnadzor in the Moscow region to register as illegal notifications The Federal Arbitration Court of the Moscow Region in its resolution dated April 3, 2012 No. F05-2547 / 12 indicated that the Rules do not contain an indication that the type of activity declared in the notification must also be indicated in the extract from the Unified State Register of Legal Entities.
A violation by a legal entity or an individual entrepreneur of the established procedure for submitting notifications about the start of entrepreneurial activity is the basis for attracting administrative responsibility under Art. 19.7.5-1 of the Administrative Code of the Russian Federation. Failure to comply with the obligation to due date testifies that the administrative offense is not lasting (clause 14 of the Resolution of the Plenum of the RF Armed Forces dated March 24, 2005 No. 5 "On some issues arising in courts when applying the Code of Administrative Offenses of the RF"). Thus, an administrative offense, expressed in the failure to submit a notice of the start of entrepreneurial activity, is not lasting and the limitation period for it (3 months) begins to run from the moment such activity begins (see: Resolution of the RF Armed Forces of April 24, 2013 No. 56- AD13-4, Resolution of the RF Armed Forces dated August 13, 2012 No. 49-AD12-7).
Control questions
1. Describe the system of normative legal acts governing the licensing of entrepreneurial activities.
2. Expand the content of business licensing. What is a license?
3. What types of liability are provided for by law for violations in the field of licensing?
4. What is the essence notification mode starting a business?
Literature
1. Bagandov A. B. License right Russian Federation: textbook-practical. allowance. M .: Eksmo, 2004.
2. Shishkin S.N. Entrepreneurial and legal (economic and legal) foundations state regulation economy. M .; Berlin: Infotropic Media, 2011.
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Notification of the start of entrepreneurial activity is submitted by legal entities, individual entrepreneurs performing work and services in accordance with the List of works and services approved by the Government of the Russian Federation, comprising the following activities:
1) the provision of hotel services, as well as services for temporary accommodation and provision of temporary accommodation;
2) provision of consumer services;
3) provision of catering services by catering organizations;
4) retail(with the exception of retail trade in goods, the turnover of which is limited in accordance with federal laws);
5) wholesale (excluding wholesale trade goods, the turnover of which is limited in accordance with federal laws);
6) the provision of services for the transportation of passengers and baggage on orders by road (except for the implementation of such transportation on regular routes, as well as to meet the own needs of legal entities, individual entrepreneurs);
7) the provision of services for the carriage of goods by vehicles, total weight which amounts to more than two tons five hundred kilograms (with the exception of such transportation carried out to meet the own needs of legal entities, individual entrepreneurs);
8) production of textile materials, garments;
9) production of clothing;
10) production of leather, leather goods, including footwear;
11) wood processing and production of wood and cork products, with the exception of furniture;
12) publishing and printing activities;
13) activities related to the use of computers and information technologies (with the exception of the specified activities carried out in order to protect state secrets);
14) production of bread, bakery and confectionery products;
15) production of milk and dairy products;
16) production of fruit and vegetable juice products;
17) production of fat and oil products;
18) sugar production;
19) production of flour-grinding products;
20) production of soft drinks;
21) production of measurement standards of units of quantities, standard samples and measuring instruments;
22) production of containers and packaging;
23) manufacture of furniture;
24) production of personal protective equipment;
25) production of fire-fighting technical products;
26) production of low-voltage equipment;
27) production of building materials and products;
28) provision of social services;
29) travel agency activities;
30) carriage of goods by sea (except for dangerous goods);
31) carriage of goods by inland waterways (except for dangerous goods);
32) carriage of goods by rail (except for dangerous goods);
33) transportation of cargo luggage by rail;
34) transportation of goods (movement of goods without concluding a contract of carriage) on public railway tracks, with the exception of cleaning from railway exhibition paths arriving wagons, their return to the railway exhibition tracks;
35) demonstration of films;
36) operation of explosive and fire hazardous and chemically hazardous production facilities of IV hazard class;
37) carrying out activities in the field of circulation of medical devices (with the exception of clinical trials of medical devices, their production, installation, adjustment, use, operation, including maintenance and repair).
The meaning of the notification procedure of activity is in the exception of obtaining permits and consents from various kinds of government agencies.
In the notification of the start of certain types of entrepreneurial activity, it is indicated that a legal entity, an individual entrepreneur complies with the mandatory requirements (fire, sanitary, licensed, etc.), as well as the compliance of their employees with their entrepreneurial activities and intended for use in the process their entrepreneurial activities of territories, buildings, structures, structures, premises, equipment, similar objects, vehicles to the mandatory requirements and requirements established by municipal legal acts.
Thus, the notification of the beginning of the implementation of certain types of activities implies that:
- the entrepreneur is familiar with all the mandatory requirements for the relevant type of activity by firefighters and environmental services, sanitary and epidemiological supervision and other regulatory authorities;
- ensured their implementation;
- ready to demonstrate this (when conducting scheduled inspection of its activities, which will be carried out within the specified period).
Notification of the start of entrepreneurial activity (hereinafter referred to as the NAP)- a document filled out in a strictly established form.
Notification procedure for starting a business (Kvanina V.V.)
The notification is provided by legal entities and entrepreneurs to the Rospotrebnadzor Administration at the place of business activity.For Moscow entrepreneurs, the notification is submitted in Moscow, respectively.
What are the deadlines for filing a notification?
As such, Rospotrebnadzor does not indicate a strict deadline. In accordance with the law, the period for notification of the commencement of entrepreneurial activity is the period between the state registration of the enterprise and the immediate commencement of the provision of services and the performance of work.
The procedure for submitting documents is regulated in detail by Law No. 294-FZ, according to paragraph 2 of which almost all types of commercial activities must comply with these requirements (hotel and catering business, wholesale and retail trade, the sphere of personal and transport services and much more).
For failure to comply with the requirements of the law, administrative liability is provided: a fine for individual entrepreneurs - from 3,000 to 5,000 rubles, for legal entities - from 10,000 to 20,000 rubles. It is important not only to observe the order and provide information before starting business, but also to indicate reliable, documented information. The amount of the fine increases significantly if the document contains false or untrue information.
Structure of the NAP notification
The NPD notification is drawn up according to the approved form and includes:
- Information about the founder (full name, postal and actual addresses), the name of the organization, the type of its activity;
- Information about TIN and OGRN, supported by copies of documents;
- Information about all types of activities of the organization.
In fact, the notification is a written confirmation that the production and working process at the enterprise fully complies with the mandatory requirements in the proper form established by law.
The procedure for filing a NAP notification to Rospotrebnadzor
Individual entrepreneurs or legal entities must follow a certain procedure when submitting a NAP notification:
- Prepare two completed copies of the NAP notification
- Attach a copy of the OGRN to the written application.
- Attach a copy of the TIN of a legal entity LLC or an individual entrepreneur IP.
Transfer prepared documents personally or send by mail to the appropriate authorities.
Professional registration of a notice of starting a business
The specialists of our company have many years of experience in legally competent execution of various documentation submitted to the Rospotrebnadzor Administration and other control bodies of the Russian Federation.
We also offer assistance in the prompt registration and filing of a notification. Our qualified staff will professionally draw up a notice and supervise the procedure for registering the client's documentation.
Introduction of a notification procedure for starting a business
Notification procedure for starting a business has been operating on Russian territory since 07/01/2009. It involves the notification by individual entrepreneurs and legal entities of the start of the work of special authorized federal bodies. Earlier in our country there was a permitting procedure for starting activities. In accordance with it, it was assumed that it was mandatory to agree and obtain permission in the sanitary-epidemiological, fire-fighting and other services.
Notification procedure for the start of entrepreneurial activity
In accordance with the new law, to start an entrepreneur, it is enough to inform the authorized bodies of his intentions. The aforementioned state bodies include a number of federal services:
- Transport supervision
- Employment and Labor Service
- Service overseeing the observance of consumer rights
- Biomedical Service
- Agency for Metrology and Technical Regulation
- Service social development and health
- Executive power of the subjects of the federation.
But most likely it will be Rospotrebnadzor, since control over most of the activities lies with it.
It should be noted that notification of these services is carried out only after state registration and tax registration by legal entities or individual entrepreneurs.
Areas of activity and work with services covered by the new law
The notification must contain information confirming compliance with the mandatory requirements and the compliance of employees, buildings, territories, premises, vehicles of the company with the specifics of the activities carried out. It should be noted that we are talking about strictly certain types activities, as well as works and services within their framework, here are just a few of them:
- Hotel activities
- Domestic services
- Repair and manufacture of shoes
- Catering
- Manufacture of sewing and textile products
- Printing and publishing activities
- Manufacturing of building materials
- Production of packaging and containers.
In each of the activities, a whole list of services is presented, for example, in the field of personal services there are categories for the repair, sewing and dyeing of shoes. At the same time, there is a section related to sewing and repairing leather and fur products, as well as maintenance household appliances and appliances. If the company intends to provide services in different categories, then it is necessary to notify the authorized bodies about each of them separately.
To be continued …
